Applicant Name:  ?????

Application Receipt Date: 2009/10/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "My name is Brandon David Peyton, SSN 461893249,DOB 1982/04/20. I am Writing this request to have my discharge upgraded from other than honorable to general. I left for Ft Sill for basic combat training in June of 2006. Shortly after I arrived at reception I spoke to my (at the time preganant) wife she said that she was having a hard time with our oldest daughter being very sick. 

My wife was considered a high risk pregnancy due to previous miscarriage. She even tried contacting the Red Cross to get me home to help with my daughter and to take some of the stress off my wife. 

I also spoke to the battalion 1st Sgt and Captain also the Chaplain. My 1st Sgt. and Capt. told me that "my wife is a big girl that she can handle her own stuff". The 1st Sgt went on to say that the only way I was leaving was if I went AWOL and he promised that I would not make it off post". As I was leaving the office a young solider handed me a phone number and told me to call it. It said GI Rights Hotline and had an 800 number on it. So I called it and they informed me that if I went AWOL and turned myself in after 60 days that I would be out processed and recieve a general discharge Entry Level Seperation being as i was only there for just under a week. 

So I did it. I only lived a couple of hours away. So one of my friends came and picked me up. I turned myself into Ft Sill about 60 days later. I was tthen outprocessed in about three days. I recieved an OTH discharge with a RE code of 4. 

My daughter has since been born. She was born with a cleft pallet. My oldest daughter has finally been diagnosed with reactive airway disease and asthma. She takes three different medications to control it. It took several docs and hospital admissions before she was finally diagnosed. 

I am asking for the upgrade so that I may possibly get a job a local college as a police officer. What I would really like to do is have the priviledge to serve my country. Since this happened I believe that I have grown exponentially. 

I have taken and passed an Emergency Medical Technician class. I have a Texas Dept. Of State Health Services license. I am also a Nationally Registered EMT-Basic, have certification cards Advanced Cardiovascular Life Support, Basic Life Support, Pediatric Advanced Life Support, Neonatal Resucitation Program Provider. Certified with Texas State Fireman & Fire Marshall's Association as a Basic Volunteer fireman which I have been doing for almost 2 years and have been promoted to Lieutenant. 

   I believe all of these are critical skills that would be best used serving my country.
   I would like to see it changed to a General discharge. I was never dropped from the rolls until I turned myself in and a warrant was never issued.
   Thank You for your time and consideration of my request."


II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 061013
Discharge Received: 			   Date: 061214   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Battery, 95th Adjutant General Reception Battalion, Fort Sill, OK. 

Time Lost: AWOL x 1 from (060705-060829) for 55 days.  The applicant surrendered to the military authorities at Fort Sill, OK. 

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 060528    Current ENL Term: 6 Years  The applicant required a administrative waiver at the time of enlistment, which was approved on (061005). 
Current ENL Service: 	0 Yrs, 4 Mos, 22 Days The computation includes 105 days of excess leave from (060901-061214).
Total Service:  		0 Yrs, 4 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states in his issue "I have taken and passed an Emergency Medical Technician class. I have a Texas Dept. Of State Health Services license. I am also a Nationally Registered EMT-Basic, have certification cards Advanced Cardiovascular Life Support, Basic Life Support, Pediatric Advanced Life Support, Neonatal Resucitation Program Provider. Certified with Texas State Fireman & Fire Marshall's Association as a Basic Volunteer fireman which I have been doing for almost 2 years and have been promoted to Lieutenant." 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 August 2006, the applicant was charged with AWOL from (060705-060829).  On 31 August 2006, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense.  Further, the applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit a statement in his own behalf.  The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 2 November 2006, the separation authority approved the discharge with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 
       
       
       
       
       
       

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. 
       
       The analyst noted the applicant's issues that he was having family problems and would like an upgrade so that he can get a better job or possibly reenlist in the Army.  The applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community services, family assistance program), without committing the misconduct, which led to the separation action under review. 
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 August 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None
















VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change



























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090018659
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